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Practical manual for Income Tax 2023.

2. Maximum limits and excess contributions made

Regulations: Art. 54 .1 and 2 Law IRPF

A. Maximum reduction limits

Contributions made in the year to the protected assets of persons with disabilities and, where applicable, the excess contributions made and not reduced in the years 2019 to 2022, may be subject to a reduction in the tax base of the current year in accordance with the following maximum limits:

  1. 10,000 euros per year for each contributor and for the set of protected assets to which they make contributions.

  2. 24,250 euros annually for all reductions made by all persons who make contributions in favour of the same protected assets.

When several contributions are made in favour of the same protected assets and this last limit is exceeded (24,250 euros), the reductions corresponding to said contributions must be reduced proportionally to the amount of the respective contributions, so that the total reductions made by all natural persons who make contributions in favour of the same protected assets do not exceed 24,250 euros per year .

See in this regard, within " Practical case " included in this same Chapter, the case of concurrent contributions to the protected assets of a person with a disability.

In the case of non-monetary contributions , the amount of the contribution will be taken as that resulting from the provisions of article 18 of Law 49/2002, of December 23, on the tax regime of non-profit entities and tax incentives for patronage ( BOE of December 24), there being no capital gain or loss on the occasion of contributions to protected assets established in favor of people with disabilities.

Therefore:

As regards the valuation of non-monetary contributions consisting of assets and rights, in accordance with article 18 of Law 49/2002, of 23 December, the amount will be the book value of the asset or right at the time of transfer and, failing that, the value determined in accordance with the rules of the Wealth Tax.

As regards its tax treatment for contributors, there is no capital gain or loss [art. 33.3.e) of the Personal Income Tax Law ] up to the limits that give the right to the reduction. But for the excess, yes.

Furthermore, it should be taken into account that, in accordance with the Third Additional Provision of Law 41/2003, of November 18, on the protection of the assets of persons with disabilities and amending the Civil Code, the Civil Procedure Act and the Tax Regulations for this purpose ( BOE of December 19), the person with a disability for whose benefit the protected assets are established shall be deemed to be the owner of the assets and rights that make up said assets and that contributions made to them by persons other than said owner constitute transfers to them for profit.

Important : For the disabled person who is the owner of the protected assets, contributions are considered work income to which the exemption provided for in article 7.w) Personal Income Tax will apply.

See Chapter 3 of the Manual for the table of contributions to protected assets of persons with disabilities .

B. Pending excesses to be reduced from contributions made in previous years

Contributions made that could not be reduced in the years 2019 to 2022 due to exceeding the quantitative limits for tax reduction or due to insufficient tax base will be charged to the current year, provided that a request has been made in the respective declarations to be able to reduce the excess in the following four years. The reduction of excess amounts, which will be carried out subject to the maximum reduction limits discussed below, will be carried out with priority to that corresponding to the contributions made in the financial year.

C. Excess contributions corresponding to the fiscal year

Contributions made in 2023 that exceed the maximum limits mentioned above, including the one relating to the positive amount of the taxpayer's general tax base, will give the right to reduce the tax base of the following four tax periods , until exhausting, where applicable, the maximum reduction amounts in each of them.

Attention: the amounts corresponding to the excesses pending reduction of contributions made in the years 2019 to 2022 pending application at the beginning of the year, those applied in the declaration and the remainder pending application in future years, as well as the excess of contributions corresponding to the year 2023 not applied, the amount of which is requested to be able to be reduced in the following 4 years, must be recorded in Annex C.3 of the declaration in the section "Unreduced excess of contributions to protected assets of people with disabilities pending reduction in the following years ".